Sherar v Lenchyshyn

Tenant wins · Niagara Falls · 2024-09-04

Adjudicator

Julie Broderick

Dispute

Bad Faith Eviction, Illegal Collection Of Money

Notice

Personal use (N12)

Amount

$5-10K

Landlord

B.L.

Tenant

K.S.

Landlord rep

Brianna Brady

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith and collected or retained money illegally. The Landlord served an N12 notice claiming personal use, but did not genuinely intend to occupy the rental unit.

The ruling

Landlord must pay Tenant $9,123.00 for bad faith N12 notice, including $9,000 for rent differential and $75 for moving expenses. The Landlord failed to prove genuine intention to occupy the rental unit.